Wealth-tax Act,1957
Act No : 27
Section :
Power to take evidence on oath, etc.
2*[37. Power to take evidence on oath, etc. (1) [The Wealth-tax officer, Valuation Officer,] 3* Appellate Assistant Commissioner, Commissioner and the Appellate Tribunal shall, for the purposes of this Act, have the same powers as are vested in a court under the Code of Civil Procedure, 1908 (5 of 1908.), when trying a suit in respect of the following matters, namely:-- (a) discovery and inspection; (b) enforcing the attendance of any person, including any officer of a banking company and examining him on oath; (c) compelling the production of books of account and other documents; and (d) issuing commissions. ---------------------------------------------------------------------- 1 Ins. by Act 46 of 1964, s. 34 (w.e.f. 1-4-1965). 2 Subs. by s. 35, ibid. for s. 37 (w.e.f. 1-4-1965). 3 Subs. by Act 45 of 1972, s. 17 (w.e.f. 1-1-1973). 808N (2) Without prejudice to the provisions of any other law for the time being in force, where a person to whom a summons is issued either to attend to give evidence or produce books of account or other documents at a certain place and time, intentionally omits to attend or produce the books of account or documents at the place or time, the authority empowered to issue such summons may impose upon him such fine not exceeding five hundred rupees, as it thinks fit, and the fine so levied may be recovered in the manner provided in Chapter VII of this Act. (3) Subject to any rules made in this behalf, any authority referred to in sub-section (1) may impound and retain in its custody for such period as it thinks fit any books of account or other documents produced before it in any proceeding under this Act; Provided that 2*[a Wealth-tax Officer or a Valuation Officer] shall not-- (a) impound any books of account or other documents without recording his reasons for so doing, or (b) retain in his custody any such books or documents for a period exceeding fifteen days (exclusive of holidays) without obtaining the approval of the Commissioner therefor. (4) Any proceeding under this Act before a wealth-tax authority or the Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code. (45 of 1860.)]
